ARTICLE 8 

EMPLOYEE REPRESENTATION  

SECTION 1.  The Union shall be given the opportunity to be represented at any examination of a bargaining Unit employee by a representative of the agency in connection with an investigation if: 

a.  The employee reasonably believes that the examination may result in disciplinary action against the employee;

and 

          b.  The employee requests representation. 

The Employer shall annually inform its employees of these rights. 

SECTION 2.  An employee who is identified as a subject of an investigation by Civil Aviation Security Division (AMC-700) shall be informed at the time any statement is taken by an Investigator that the completion of a sworn statement is a serious matter and that the investigation could lead to further Management action. 

SECTION 3.  When it is known in advance that the subject of a meeting is to discuss a disciplinary situation, the employee shall be notified of the subject matter. 

SECTION 4.  The Union shall represent the interests of all Unit employees without discrimination and without regard to Union membership.  The Union agrees that there shall be no solicitation of complaints or grievances from Unit employees. 

SECTION 5.  The Parties agree to promote an open line of communications and work to effectuate a positive labor Management relationship. 

SECTION 6.  The Union shall be given the opportunity to be represented at any formal discussion between one or more representatives of the Employer and one or more employees in the Unit or their representatives concerning any grievance or any personnel policy or practices or other general conditions of employment.  This right to be present does not extend to informal discussions of personal problems between an employee and supervisory official. 

ARTICLE 9 

RIGHTS OF EMPLOYEES  

SECTION 1.  Nothing in this Agreement shall require an employee to become or remain a member of a labor organization or to pay any monies or dues to a labor organization except pursuant to a voluntary written authorization by a member for the payment of such dues through payroll deductions. 

SECTION 2.  Each employee in the Unit has the right, freely and without fear of penalty or reprisal to form, join, and assist a labor organization or to refrain from any such activity, and each employee shall be protected in the exercise of this right.  No supervisor or other Management official shall interfere, restrain, coerce, or discriminate in any way either to encourage or discourage membership in a labor organization. 

SECTION 3.  It is agreed that any employee in the Unit has the right, regardless of Union membership, to exercise grievance or appellate rights established by law or regulations and to represent himself/herself or choose his/her own representative in a grievance under agency procedure or appellate action under agency and/or Office of Personnel Management procedures. 

SECTION 4.  The rights described in this Article do not extend to participation in the Management of a labor organization or acting as a representative of such an organization by an employee of the Unit when the participation or activity would result in a conflict or apparent conflict of interest or otherwise be incompatible with law or with the official duties of the employee. 

SECTION 5.  Nothing in this Agreement shall alter the individual rights of any employee accorded by law and regulation of appropriate authority and such employee shall be protected in the exercise of these rights. 

SECTION 6.  The Parties agree that each employee has the right to present a grievance or any other matter of concern to the Employer, or to present information relating to such matters and to select an appropriate representative when representation is authorized without fear of restraint, coercion, discrimination, intimidation, or reprisal by either Party. 

SECTION 7.  The Parties agree that employees have the responsibility to consider the impact of their  off-duty conduct on the FAA.  An employee's off-duty conduct shall not result in disciplinary action, unless such conduct adversely affects his/her effectiveness as an employee or the public's confidence in the FAA. 

SECTION 8.  The Employer recognizes the right of a Union recognized representative to express the views of the Union provided they are identified as Union views. 

SECTION 9.  The Employer may search packages, briefcases, and other containers in the immediate possession of employees, the employee's locker and/or desk upon reasonable and probable cause or because of operational requirement  Any such search shall be made in the presence of the employee if the employee is reasonably available. 

ARTICLE 10 

GRIEVANCE PROCEDURE  

SECTION 1.  The purpose of this Article is to provide the procedures for the timely consideration of grievances.  It shall be the exclusive procedure available to the Parties and the employees in the recognized Units for resolving grievances which fall within its coverage.  Any employee, group of employees, or the Parties may file a grievance under this procedure.  Grievances shall receive fair and timely consideration and shall be handled without prejudice or discrimination.  The Parties agree to cooperate to resolve grievances informally at the earliest possible time and at the lowest possible Union and Management levels.  This procedure shall not apply with respect to any grievance concerning the following matters: 

          a.  Any claimed violation relating to political activities prohibited by law.

          b.  Retirement, life insurance, or health insurance.

          c.  Suspension or removal in the interests of national security.

          d.  Any examination, certification or appointment.

          e.  The classification of any position which does not result in the reduction in grade or pay of an employee.

          f.  The content of published agency regulations.

          g.  The following matters subject to statutory appeals procedures:

            (1)  Disputes involving the FLSA.

            (2)  Disputes related to RIF's .

            (3)  Discrimination complaints. 

SECTION 2.  In matters covered by 5 U.S.C. 4303 (removal or reduction in grade for unacceptable performance) or 5 U.S.C. 7512 (removal, suspension for more than 14 days, a reduction in grade, a reduction in pay and furlough of 30 days or less) an aggrieved employee may raise the matter under the appellate procedures in 5 U.S.C. 7701 or the negotiated grievance procedure, but not both.

For the purposes of this section and pursuant to 5 U.S.C. Section 7121(e)(1) an employee shall be deemed to have exercised his/her option under this section only when the employee timely initiates an action in writing under the applicable appellate procedure or timely files a grievance in writing, in accordance with the provisions of this Article, whichever event occurs first. 

SECTION 3.  For the purpose of this Agreement a grievance means any complaint: 

          a.  By employee concerning any matter relating to the employment of the employee.

          b.  By the Union concerning any matter relating to the employment of the employee.

          c.  Or by a Unit employee, the Union or the Employer concerning:

                   (1)     The effect or interpretation, or a claim of breach of this Agreement.

                   (2)     Or any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment as defined in Public Law 95-454. 

SECTION 4.  Employees are entitled to be assisted by their Union representative in the presentation and processing of grievances.  Any employee or group of employees covered by this Agreement may present a grievance on their own behalf.  However, the Union shall have the right to have its representative present during the grievance proceedings.  This right of individual presentation does not extend beyond Step 2 of this procedure and does not include the right of taking the matter to arbitration unless the Union agrees to do so. 

SECTION 5.   When a representative is unable to resolve an informal complaint or grievance at any level, the President or other officer of the Union may join the representative in presenting the matter.  In this event, such officer or representative shall be allowed duty time necessary to present the complaint or grievance. 

SECTION 6.

          Step 1.  An aggrieved employee and/or his/her Union representative shall seek informal resolution of his/her grievance from his/her immediate supervisor within 15 calendar days of the event giving rise to the grievance or within 15 calendar days of the time the employee may have been reasonably expected to have learned of the event.  The supervisor shall arrange for a meeting at a mutually agreeable time.  The supervisor shall answer the grievance either orally or in writing, as requested by the employee and/or the Union, within 10 calendar days following the meeting. 

          Step 2.  If the employee or the Union is not satisfied with the answer, a formal grievance may be submitted to the Division Manager within 15 calendar days from the receipt of the answer.  The grievance shall be submitted in writing on a Grievance Form and shall contain the name of the grievant; the nature of the complaint; the Article and Section of the Agreement alleged to have been violated, if applicable; the corrective action desired; the name of his/her Union representative and whether he/she wishes to make an oral presentation.  If requested, the Division Manager shall, prior to making a decision, afford the employee and/or Union representative an opportunity to present the grievance orally.  His/her decision shall be in writing and shall be delivered to the employee no later than 15 calendar days after the receipt of the written submission. 

          Step 3.  If the Union is not satisfied with the Division Manager's decision, the Union may within 15 calendar days following the receipt of the decision or the day the answer was due, advise the Manager, Organizational Effectiveness Division (AMH-400) at the Aeronautical Center that it desires the matter reviewed by the Superintendent of the Federal Aviation Administration Academy or his/her designee.  If the Union President or his/her designee so requests, a meeting with the Superintendent or his/her designee shall be held as promptly as possible, but not later than 15 calendar days from receipt of the request, to discuss the grievance prior to the final decision.  The Superintendent's decision shall be in writing and delivered not later than 15 calendar days from date of receipt of the grievance or from date of oral presentation, whichever is later.   

SECTION 7.  The Union may, within 15 calendar days following receipt of the Superintendent's decision, advise the Superintendent that it desires the matter submitted to an impartial arbitrator. 

SECTION 8.  Within 7 calendar days after the request for arbitration is received, the Employer shall request the Federal Mediation and Conciliation Service to provide a list of 7 impartial arbitrators.  Within 10 calendar days after the Parties receive the list, representatives of the Union and the Employer shall meet to select an arbitrator from the list by mutual agreement or by alternately striking names.  A toss of a coin shall determine who strikes first. 

SECTION 9.  Only the Union or a representative approved by the Union shall represent an employee at the arbitration hearing. 

SECTION 10.  The grievance shall be heard by the arbitrator as promptly as practicable on a date and at a site mutually agreeable to the Parties.  The arbitrator shall confine himself/herself to the specific issues in dispute.  In disciplinary cases, the arbitrator may vary the penalty to conform to his/her decision.  The grievant and/or the Union representative, if an employee of the FAA, shall be given a reasonable amount of official time to present the grievance, if otherwise in an active duty status.  FAA employees who are called as witnesses shall be in a duty status if otherwise in a duty status.  Each Party shall bear the expense of its own witnesses who are not employed by the FAA, and/or who are not at the location of the arbitration hearing.  The number of witnesses shall be limited to those determined necessary by the arbitrator.  The arbitrator shall submit his/her report to the Superintendent, the aggrieved employee and/or the Union representative, as soon as possible, but in no event later than 30 days following the close of the record before him unless the Parties waive this requirement.  The decision of the arbitrator is final and binding but either Party may file an exception with the Federal Labor Relations Authority pursuant to its regulations. 

SECTION 11.  In the case of any grievance under this Agreement which the Union may have against the Employer, or which the Employer may have against the Union, such grievances shall be submitted in writing and shall contain the following: 

          a.  Statement setting forth the facts upon which the grievance is based.

          b.  Reference to the Article and Section of the Agreement alleged to have been violated, if applicable.

          c.  The correction sought. 

If no settlement is reached between the Parties, the moving Party may, within 15 days following the date the grievance was submitted, advise the other Party in writing that it desires the matter be submitted to arbitration in accordance with the principles of Sections 7 and 10 of this Article. 

SECTION 12.  The arbitrator's fees and expenses of arbitration incurred under this Article shall be borne equally by the Parties.  If a verbatim transcript of the hearing is made and either Party desires a copy of the transcript, that Party shall bear the expense of the copy or copies they obtain. 

SECTION 13.  The arbitrator shall not in any manner or form whatsoever directly or indirectly add to, detract from, or in any way alter the provisions of this Agreement. 

SECTION 14.  Failure of a grievant to proceed with a grievance within any of the time limits specified in this Article shall render the grievance void or settled on the basis of the last decision given by Management, unless an extension of time limits has been agreed upon.  Failure of Management to render a decision within any of the time limits specified in this Article shall enable the Union to progress the grievance to the next step without a decision. 

SECTION 15.  In the handling of grievances under this Article, and where Office of Personnel Management and/or agency issuances permit, the Union shall have access to official records directly related to this grievance.

SECTION 16.  Once a formal grievance has been signed, an employee and/or their representative shall be provided the opportunity to investigate any action against the employee, including but not limited to the questioning the agency's witnesses.  The agency shall be informed of such questioning and may be present at the questioning.  The Union shall inform any agency witness they wish to question that such questioning shall be done only with the witness's consent. 

SECTION 17.  Questions as to whether or not a grievance is on a matter subject to the grievance procedure in this Agreement or is subject to arbitration shall be submitted to the arbitrator for decision.  

ARTICLE 11 

AUTHORIZED OFFICIAL TIME  

SECTION 1.  The Parties agree that Union officers and designated representatives shall be permitted reasonable time during duty hours without loss of leave or pay to represent the Units of exclusive recognition in accordance with this Agreement.  The Union agrees that its officers and representatives shall limit Union work performed on official time to that necessary to carry out the Union's responsibilities under the Agreement. 

SECTION 2.  Reasonable time for representational functions in connection with complaints, grievances, disciplinary/adverse actions, and appeals shall be that necessary for presentation thereof and that required for participation in all meetings, hearings, or other assembled proceedings necessitating the appearance of the grievant/appellant or representative.  In addition, a reasonable amount of time shall be permitted for a representative to prepare a formal grievance or to assist an employee in preparing a response to a proposed disciplinary action.  Such time shall only become available to a representative once an informal grievance has been initiated or an employee has received a letter proposing disciplinary action.  Employees against whom disciplinary actions have been proposed shall be granted a reasonable amount of official time, if otherwise in a duty status, to prepare and present answers. 

SECTION 3.  Official time authorized by this Article for preparation purposes shall be spent on Aeronautical Center property.  In unusual circumstances, the Employer may permit official time to be spent away from the Aeronautical Center. 

SECTION 4.  Reasonable times for a Union observer to be present at the proceedings of a grievance or appeal prosecuted without Union intervention shall be that necessary to observe the entire proceeding. 

SECTION 5.  An officer or representative of the Union shall notify his/her immediate supervisor prior to leaving his/her work area to engage in representational activities on official time.  Notification shall include the reasonable amount of time to conduct the business and the location in which the business shall be conducted.  It is the responsibility of the Union officer or representative to coordinate with the supervisor of the employee requesting his/her assistance before entering another work area to ensure the availability of the employee. 

SECTION 6.  In the event operational requirements shall not permit the officer/representative or the employee to be spared during the time requested, an alternative time shall be made available which is acceptable to both the representative and his/her supervisor. 

SECTION 7.  It is the responsibility of the Union to accurately account for all official time utilized to fulfill representational responsibility.  This accounting shall be provided to the Employer on a quarterly basis.  This accounting shall include the following: 

          a.  Nature of business for which time was requested

          b.  The amount of official time utilized

          c.  When the time was utilized 

SECTION 8.  An officer or representative of the Union who leaves his/her work area in accordance with Section 5 shall advise his/her immediate supervisor of his/her return to the work area. 

SECTION 9.  If the Employer has reason to believe an officer or representative of the Union is abusing his/her use of official time and informal supervisor/employee interaction does not resolve the issue, the Union president shall be advised of the situation and requested to take appropriate corrective action, if necessary. 

SECTION 10.  The Union representative and/or his/her designee at each level shall be granted official time if otherwise in a duty status to deal with the appropriate Management level and/or his/her designee.  Such meetings shall be held at mutually agreeable times.  At other meetings called by the Academy Superintendent, Division Manager, or Branch Manager and/or his/her designee, Union participants shall be on official time. 

SECTION 11.  Provided he/she can be released from duty, the Union president or his/her designee may be granted official time to prepare for meetings scheduled with the Employer. 

SECTION 12.  The Parties agree that in all cases the amount of official time utilized for representational functions in order to be considered "reasonable" must balance the effective conduct of the Government's business with rights of employees to be represented in matters relating to their employment.   

ARTICLE 12 

UNION ACTIVITIES  

SECTION 1.  The Parties recognize that pursuant to Public Law. 95-454 any activities performed by any employee relating to the internal business of a labor organization (including the solicitation of membership, elections of labor organization officials, and collection of dues) shall only be performed during the times the employees are in a nonduty status and in a nonwork area.  The Parties agree to cooperate in eliminating any such activities which are being conducted by employees in a duty status contrary to law.   

ARTICLE 13

REEMPLOYMENT, RESTORATION, AND RETURN RIGHTS (3-R PROGRAM) 

The Parties agree to reopen the 3-R program upon completion of the FAA Headquarters 3-R program review.  Until such time the Parties agree the current 3-R program shall remain in effect. 

SECTION 1.  The 3-R program at the Academy shall be conducted in accordance with FAA Order 3330.6B and appendices thereto, including Aeronautical Center Supplements. 

SECTION 2.  The Parties recognize that the 3-R Program at the Academy may require modification from time to time.  In the event the Employer wishes to make substantial changes to the 3-R Program, the Agreement shall be reopened and this Article re-negotiated. 

SECTION 3.  Should minor changes to the directives dealing with the 3-R program be deemed necessary by the Employer, the Union shall be consulted prior to their implementation.  If the Union should disagree with the significance of the proposed change, the change shall not be implemented without prior negotiations in accordance with Section 2 of this Article.

ARTICLE 14

EQUAL EMPLOYMENT OPPORTUNITY  

SECTION 1.  The Parties agree to cooperate in providing equal employment opportunity for all persons in prohibiting discrimination in employment because of race, color, religion, physical or mental disability, marital status, political affiliation, sex, age,  national origin, or sexual preference and in promoting the full realization of equal employment opportunity through positive and continuing efforts. 

SECTION 2.  The Parties and Unit employees shall cooperate to remove and avoid prejudice, discrimination, or the appearance of such, based upon race, color, religion, physical or mental disability, marital status, political affiliation, sex, age,  national origin or sexual preference. 

SECTION 3.  The Parties and Unit employees agree to cooperate with the Equal OpportUnity Officer in administering the EEO Affirmative Action Plan. 

SECTION 4.  Employees who, by EEO mandate, are given the right to review sanitized bid packages may not make or receive copies of the packages unless specifically authorized by law or regulation. 

SECTION 5.  The Parties jointly support an organizational environment that is free of sexual harassment and discrimination.  Every effort shall be made to protect and safeguard the rights and opportUnities of all individuals to seek, obtain, and hold employment without subjugation to sexual harassment or discrimination of any kind in the work place.